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High Courts Curb Blanket Bank Freezes, Limit Holds To Disputed Sums

Judges require a clear crime link with proportionate holds to protect livelihoods.

Overview

  • High Courts in Rajasthan and Telangana ruled that freezing entire bank accounts violates fundamental rights when investigators cannot show a direct link to an alleged crime.
  • In the case involving Shwetambari and Vikram Bhatt, the Rajasthan bench said only about Rs 30 crore in dispute could be restrained rather than blocking all their accounts.
  • The Rajasthan order recorded that the full freeze had stalled daily expenses, salaries and loan payments for the petitioners.
  • Telangana High Court directed Kotak Mahindra Bank to keep only the quantified disputed amount on hold in The Bottle Restaurant and Bar’s account, allowing other lawful transactions.
  • Both courts called account freezes an exceptional step and ordered prompt court intimation and partial de-freezing by police and banks, setting a safeguard that could guide future investigations.